TNAG-2300-FCO40-3328-Chinese-copyright-law-implications-for-Hong-Kong-1991 — Page 39

protection of computer programs. The main contributor to the discussion was Ying Ming, Deputy Director of the Research Centre of Computer and Microelectronics Industrial Department. He also supplied copies of a well-researched and argued article which he has produced on the subject (circulated separately).

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The likely main features of the regulations elaborating the code protecting computer programs are as follows:-

a) protection would apply to the program per se and

to preparatory material;

b) protection would not depend on the form of the

code or the purpose of the program (e.g. object as well as source code would be protected and operating systems as well as applications programs;

c) protection would not depend on the nature of the

carrier;

d) rights and obligations would be similar to those

relating to literary works, e.g. copying, adaptation, making copies available to public. There would also be a "use" right (this would apparently be separate from the reproduction right;

e) it had not been decided whether programs would attract moral rights, but this is not regarded as an important issue;

f) the exceptions in the general law would apply

and there would be additional user rights, viz

the right to load and run programs

the right to make a reasonable number of back- up copies (probably up to three)

the right to modify/adapt programs for private use (the copyright in the modification would however belong to the original copyright owner).

g) 25 years duration for protection;

h) ownership would be vested in the legal entity

responsible for program's creation;

i) registration not necessary for subsistence of

copyright but may be required as a precondition for dispute settlement. It is seen as helping to establish ownership;

j) there may be a rental right.

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